CHAPTER 5
OFFENSES - MISCELLANEOUS Revised 8/23 Amended Ord. 3924
45.1.1 LOITERING DEFINED.
(Amended by O-1629; O-1637)
To linger, to delay, to hang about, to spend time idly, to waste time carelessly. By definition, loitering may be accomplished in a vehicle which is standing or in a vehicle which is moving back and forth frequently at, by or into or adjacent to said business premises or parking lot with no apparent reason therefor, as well as by pedestrian traffic.
45.1.2 LOITERING ON BUSINESS PARKING LOTS OR AT PLACES OF BUSINESS.
(Added by O-1629; Amended by O-1637)
It shall be unlawful for any person without lawful business to stand or loiter upon any business parking lot or upon any place of business after having been directed by the owner or the owner’s agent or a police officer of the City to move on.
45.1.3 TRESPASSING ON OR LOITERING ABOUT CERTAIN CLASSES OF PROPERTY.
a) Purpose. Public safety is hereby declared to require that the uninterrupted operation of certain industries essential to nation defense, such as the aircraft manufacturing industry, and of companies or agencies supplying water, gas, electric and other essential services, be protected by preventing the intrusion upon the properties thereof of idle, curious or malicious persons and of persons whose presence thereon is not necessary, and by prohibiting the loitering about such places by persons capable of inflicting harm or of impeding the operation conducted thereon.
b) Requirements as to Posting Generally. Any person, governmental agency, department or instrumentality having possession or control of any of the facilities, plants or utility properties enumerated in the preceding paragraph, may post, at each entrance to any structure devoted to any use so enumerated, at each entrance to any fenced or enclosed area devoted to any such use and at intervals of not more than three hundred (300) feet around any area devoted to such use, substantial signs not less than one (1) square foot in area, displaying prominently in addition to such other information as may be deemed desirable, the words, TRESPASSING - LOITERING - FORBIDDEN BY LAW, in legible letters not less than two (2) inches in height; provided, however, that any public waiting room, dining room, office or other portion of any such structure or premises to which general public access is required in the normal use and operation thereof or where materials are delivered to or received by the public shall not be so posted.
c) Definition as to Posted Boundary. The posted boundary of any area shall be a line running from sign to sign. Such line need not conform to the legal boundary or legal description of any lot, parcel or acreage of land.
d) Places Which May be Posted. The places which may be posted as provided in the preceding paragraphs are as follows:
1) Airports, Fields, etc. Every airport and every plant, field and structure used for the manufacture, assembling or testing of aircraft.
2) Tank Farms, Plants, etc. Used for Handling Petroleum Products. Every tank farm, refinery, compressor plant or absorption plant, marine terminal, pipe line, oil well, pipe line pumping station or reservoir, used for the bulk treatment, bulk handling or bulk storage of petroleum or petroleum products.
3) Reservoirs, Dams, etc. for Public Water System. Every reservoir, dam, pumping station, aqueduct, main canal or pipe line of a public water system.
4) Generating Plants, etc. of Companies Furnishing Electrical Energy. Every reservoir, dam, generating plant, receiving station, distributing station and transmission line of a company or agency furnishing electrical energy.
5) Gas Generating Plants, etc. Every gas generating plant, compressor plant, gas holder, gas tank and gas main used for the production, storage and distribution of gas.
6) Plants, etc. Essential to Telephone or Telegraph Service. Every plant or vital part thereof or other principal property essential to rendering telephone or telegraph service.
7) Radio Broadcasting Plants, etc. Every radio broadcasting central plant, or station.
8) Railroad Bridges or Tunnels. Every railroad bridge or tunnel.
9) Plants for Bulk Storage of Dynamite. Every plant for the bulk storage of dynamite, giant powder, gunpowder or other explosives.
10) Plants Where Steel, etc. is Made. Every plant, where steel, tools, machinery or parts for any machine or motor is manufactured or assembled.
e) Trespassing Upon Posted Premises. When any premises is posted as provided in this Section, it shall be unlawful for any person to go upon or to remain upon any place within the posted boundary of any such premises, or to enter or to remain in any such posted structure, without having upon his person the express written consent of the person lawfully in possession or control thereof.
f) Loitering in Immediate Vicinity of Posted Premises. It shall be unlawful for any person to loiter in the immediate vicinity of any premises posted as provided in this Section while having in his possession any explosive, tool or device of whatever character capable of doing harm or damage to any structure, machinery, equipment or other property of a similar or dissimilar character, installed or located upon such posted premises or area; provided, that the prohibition contained in this subsection shall not be deemed to prohibit or interfere with any lawful activities of a labor organization.
g) Applicability of Section; Exemptions. This Section shall not apply to any entry in the course of duty of any peace officer nor to any person traversing an established and existing public sidewalk, street or highway.
h) Destroying or Damaging Posted Signs. Every person who tears down, defaces, destroys or causes to be torn down, defaced or destroyed any sign placed or posted under the provisions of this Section without the consent of the person, governmental agency, department or instrumentality having possession or control of the premises on which such sign has been erected is guilty of a misdemeanor.
45.1.4 STANDING OR SITTING ON STREETS, SIDEWALKS, ETC. SO AS TO OBSTRUCT FREE PASSAGE.
(Added by O-227; Amended by O-1068; O-3892)
Whoever remains standing, lying or sitting down on any of the sidewalks, streets, highways, alleys or public places in such a manner as to obstruct or impede the free passage of pedestrians or public travel, after being requested to immediately move by any police officer, or who willfully remains on the sidewalk in front of any dwelling house or place of business which abuts on any of the sidewalks in this City, in such manner as to obstruct the free passage of any other person into or out of such dwelling house or place of business, without the consent or against the will of the proprietor, shall be deemed guilty of a misdemeanor; provided, that this Section shall not prohibit sidewalk vending operations pursuant to a permit issued by the Finance Director under Chapter 14 of this Division, Sidewalk Vendors.
45.1.5 CHURCHES, THEATRES, ETC.; OBSTRUCTING ENTRANCE.
(Added by O-227)
It shall be unlawful for any person to stand or sit in, or at, the entrance of any church, hall, theatre or place of public assemblage so as in any manner to obstruct such entrance.
45.1.6 TRESPASS ON PRIVATE PROPERTY.
(Added by O-3496)
a) No person may enter or be present upon any private property or portion of private property open to the general public who within the immediately preceding twenty-four (24) hours was advised to leave and not return, and further advised that if he or she returns to the property within twenty-four (24) hours of the advisement, he or she will be subject to arrest. This advisement must be made by the owner, the owner’s agent, the person in lawful possession or a peace officer at the request of the owner, owner’s agent or the person in lawful possession. A request to leave may be made only if it is rationally related to the services performed or the facilities provided.
The term "private property" means any real property, including but not limited to, buildings, structures, yards, open spaces, walkways, courtyards, common areas, driveways, carports, parking areas and vacant lots, except land that is used exclusively for agricultural purposes, owned by any person or legal entity other than property owned or lawfully possessed by any governmental entity or agency.
b) This section does not apply in any of the following instances:
1) When its application results in, or is coupled with, any act prohibited by the Unruh Civil Rights Act, or any other provision of law relating to prohibited discrimination against any person;
2) When its application results in, or is coupled with, an act prohibited by Section 365 of the California Penal Code, or any other provision of law relating to the duties of innkeepers;
3) When public officers or employees are acting within the course and scope of their employment or in the performance of their official duties; or
4) When persons are engaging in activities protected by the United States Constitution or the California Constitution or when persons are engaging in acts which are expressly required or permitted by any provision of law.
45.1.7 LOITERING BY CRIMINAL STREET GANGS.
(Added by O-3534)
a) It is unlawful for any person who is a member of a "criminal street gang," as that term is defined in California Penal Code Section 186.22(f), or who is in the company of or acting in concert with a member of a "criminal street gang," to loiter in a public place under any of the following circumstances:
1) With the intent to publicize a criminal street gang’s dominance over certain territory in order to intimidate non-members of the gang from entering, remaining in, or using the public place or adjacent area;
2) With the intent to conceal ongoing commerce in illegal drugs or other unlawful activity.
b) For purposes of this Chapter, a "public place" means the public way and any other location open to the public, whether publicly or privately owned, including, but not limited to any street, sidewalk, avenue, highway, road, curb area, alley, park, playground or other public ground or public building, any common area of a school, hospital, apartment house, office building, transport facility, shop, privately owned place of business, to which the public is invited, including any place of amusement, entertainment, or eating place. Any "public place" also includes the front yard area, driveway and walkway of any private residence, business, or apartment house.
c) Nothing in this Section shall be construed in any way to limit the power or right of a law enforcement officer to make any investigation, detention or arrest as such law enforcement officer would be permitted to make in absence of this Section.
d) Any parent(s), legal guardian(s), or other adult person(s) authorized by said parent(s) or guardian(s) to have the care and custody of a minor, who knowingly permits or by insufficient control allows a minor to violate the provisions of this Section is guilty of a criminal act.
45.1.8 CLOSURE OF CIVIC CENTER GROUNDS.
(Added by O-3892)
a) Between the hours of 10:00 p.m. and 6:00 a.m., no person shall enter, remain or be present in or upon the Torrance Civic Center which is the area bounded by Torrance Boulevard, Madrona Avenue, Civic Center Drive, and Maple Avenue.
b) This Section shall not apply to persons whose presence is authorized by either the City of Torrance or the State of California, or is in conjunction with an activity that is authorized or permitted in the City of Torrance or the State of California, or is in conjunction with gaining ingress to or egress from the Torrance Police Department.
c) This Section does not prohibit anyone from being present at any time on a sidewalk adjacent to any public street; provided, that there is no violation of Section 45.1.4.
d) Any person violating the provisions of this Section shall be guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed One Thousand Dollars ($1,000.00) or imprisoned for a period not to exceed six (6) months, or both.
45.2.1 CURFEW RESTRICTIONS FOR MINORS.
(Amended by O-3237; O-3449)
a) It is unlawful for any minor to be present in any public place or on the premises of any establishment within the City of Torrance during curfew hours.
b) It is unlawful for any parent or guardian of a minor knowingly to permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the City during curfew hours.
c) It is a defense to prosecution under Section 45.2.1(a) or (b) that the minor was:
1) Accompanied by the minor’s parent or guardian, or by a responsible adult;
2) On an errand at the direction of the minor’s parent or guardian, or the responsible adult, without any detour or stop;
3) In a motor vehicle involved in interstate travel;
4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
5) Involved in an emergency;
6) Adjacent to the minor’s residence;
7) Traveling to or from a school or religious function, or other recreational activity sponsored by a legitimate organization that is supervised by adults and authorized by the minor’s parent, without any detour or stop;
8) Exercising First Amendment rights protected by the United States Constitution; or
9) Emancipated pursuant to law.
d) Each violation of this section will constitute a separate offense.
45.2.2 DAYTIME LOITERING BY MINORS.
(Added by O-3449)
a) It is unlawful for any minor, who is subject to compulsory education, continuing education or home study, to be present in any public place or on the premises of any establishment within the City of Torrance during the hours of 8:30 A.M. and 1:30 P.M. of the same day or days when the minor’s school is in session.
b) It is unlawful for any parent or a guardian of a minor knowingly to permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the City during the hours of 8:30 A.M. and 1:30 P.M. of the same day or days when the minor’s school is in session.
c) It is a defense to prosecution under Section 45.2.2(a) or (b) that the minor was:
1) Accompanied by the minor’s parent or guardian, or by a responsible adult;
2) Involved in an emergency;
3) Traveling to or from a medical appointment;
4) The minor has permission to leave campus and has a valid off-campus school issued permit;
5) The minor is going or returning to school or home;
6) The presence of the minor is connected with a profession or occupation in which the minor is lawfully engaged.
d) Each violation of this section will constitute a separate offense.
45.2.3 DEFINITIONS.
For purposes of Sections 45.2.1 and 45.2.2:
"Curfew hours" means the period from 10:00 P.M. any evening of the week, until 6:00 A.M. the following day.
"Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
"Establishment" means any privately owned place of business to which the public is invited, including but not limited to any place of amusement or entertainment.
"Guardian" means (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court.
"Minor" means any person under eighteen (18) years of age.
"Parent" means a person who is a natural parent, adoptive parent, or step-parent of another person.
"Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
"Responsible adult" means a person at least eighteen (18) years of age, authorized by a parent or guardian to have care and custody of a minor.
"Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
45.2.4 PENALTIES.
a) A minor violating the provisions of Section 45.2.1(a) is guilty of a misdemeanor.
b) A minor violating the provisions of Sections 45.2.2(a) is guilty of an infraction punishable by a fine of one hundred dollars ($100.00).
c) Every parent or guardian of a minor who violates Section 45.2.1(b) or Section 45.2.2(b) is guilty of a misdemeanor.
45.2.5 COSTS OF ENFORCEMENT.
When a minor has been detained by the Police Department under the provisions of this chapter for a period longer than one (1) hour and thereafter convicted of a violation of this chapter, the parent(s) or guardian(s), or other adult person(s) having custody of the minor are liable for the costs of providing supervision and detention of the minor by the Police Department, over and above the services normally provided by the Department.
45.3.6 FIREARMS, AIR GUNS, ETC. IN POSSESSION OF MINORS.
(Added by O-216)
It shall be unlawful for any person under the age of eighteen (18) years of age to have in his possession, custody or control, within the corporate limits of the City, any gun, revolver, pistol, spring or air gun, or firearm of any description or any cartridge, shell or other device containing any explosive, or any cartridge, shell or other device designed and intended for use in connection with any gun, revolver, pistol or firearm of any description or any ammunition of any description containing any explosive.
45.3.7 DISCHARGE OF FIREARMS.
(Added by O-1166)
Except as otherwise provided in this Article, no person shall shoot, fire or discharge or cause to be shot, fired or discharged any rifle, shotgun, pistol, revolver or firearm of any kind.
45.3.8 DISCHARGE OF AIR RIFLES.
(Added by O-1166)
Except as otherwise provided in this Article, no person shall shoot, fire or discharge or cause to be shot, fired or discharged any BB gun, air rifle, spring gun or other weapon which discharges a shot or missile.
45.3.9 SHOOTING OF ARROWS.
(Added by O-1166)
Except as otherwise provided in this Article, no person shall shoot or cause to be shot any arrow or similar missile; except toy arrows and arrows with rubber or suction cup tips.
45.3.10 PEACE OFFICER.
(Added by O-1166)
This Article shall not apply to any peace officer acting in his official line of duty.
45.3.11 PROTECTION OF LIFE.
(Added by O-1166)
This Article shall not prohibit the discharge of any rifle or shooting of any firearm, when reasonably necessary so to do to protect life or property or to destroy or kill any predatory or dangerous animal.
45.3.12 TARGET RANGES.
(Added by O-1166)
This Article shall not prohibit the establishment or maintenance of any pistol, rifle, archery or target range which is so constructed and used as to adequately prevent any arrow, bullet, shot or missile from being projected beyond the confines of such range, or prohibit discharge at any target thereon by any person using such range, of any arrow, rifle, shotgun, pistol, revolver or firearms.
45.4.1 DEFINITIONS.
(Amended by O-281; O-564)
For the purpose of this Article:
a) Intoxicating liquor shall include beer, wine, distilled spirits or any other beverage containing one-half (1/2) of one (1) percent or more of alcohol by volume.
b) Public street shall mean any public street, alley, highway, sidewalk, curb, gutter, parkway or other public place used or dedicated for the transportation of person or vehicles.
c) Motor vehicle shall mean a vehicle that is self-propelled.
45.4.2 ALCOHOL CONSUMPTION IN PUBLIC PLACES.
(Amended by O-3683)
a) It shall be unlawful for any person to consume any alcoholic beverage upon any public street, sidewalk, alley, pool area, airport, or in any public place, place open to the public, public building, public restroom, or public parking structure or lot, except where permitted by license from the State or pursuant to a temporary permit issued by the City. The provisions of this Section shall apply to any person whether on foot, in a vehicle, or otherwise.
b) Subsection (a) shall not apply to the City-owned Cultural Arts Center complex, buildings, and garden when a person is attending an event where a temporary permit has been issued by the City.
45.4.3 DRUNKENNESS IN PUBLIC PLACES.
(Amended by O-1172)
It shall be unlawful for any person to be on any public street or at any place of assembly or in any place open to the public view in a drunken condition.
45.4.4 OCCUPANT OF MOTOR VEHICLE.
(Amended by O-1172)
It shall be unlawful for any person to be the occupant of a motor vehicle when such person is in a drunken condition.
45.4.5 EXPOSURE OF BARE FEMALE BREASTS PROHIBITED.
(Added by O-1584; O-1585)
It is a misdemeanor and a public nuisance to expose or procure or to counsel or assist in the exposure of the breast or breasts of any living female for the purpose of public display, amusement, entertainment, or in connection with the sale or service of any commodity. For the purpose of this Section, bare female breasts shall include the exposure of the medial and lateral lower quadrants, or of the nipple or areola, or of any other portion of the lower half of said breasts. Each such display shall be considered a separate offense subject to separate criminal prosecution. The minimum penalty for each such offense shall be a Five Hundred Dollar ($500.00) fine or six (6) months in the County jail or both such fine and imprisonment.
45.4.6 SPITTING ON SIDEWALKS, PUBLIC BUILDINGS, ETC.
(Added by O-35)
It shall be unlawful for any person to spit or expectorate upon any public sidewalk within the City or upon the floor, wall, ceiling, stairway or furnishings or fixtures of any public building, or of any building or room where persons are likely to assemble for any purpose, or of any store or other room or building commonly frequented by the public for business or pleasure.
45.4.7 PUBLIC EXCRETION PROHIBITED.
(Added by O-2634)
a) No person shall urinate or defecate:
1) In a public place;
2) In a place open to the public or exposed to public view;
3) In a private place entered without consent of the owner, his agent, or the person in lawful possession thereof.
b) This Section shall not apply to urination or defecation in any fixture provided for such purposes in any bathroom, restroom, dressing room, or similar facility.
45.4.8 POSSESSION OF OPENED ALCOHOLIC BEVERAGE CONTAINER ON POSTED PREMISES OF OFF-SALE ALCOHOLIC BEVERAGE LICENSEE PROHIBITED.
(Added by O-3187; O-3683)
a) It shall be unlawful for any person to possess any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, to enter, be, or remain on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code, or on any public sidewalk immediately adjacent to the licensed and posted premises.
b) The provisions of subsection (a) shall not apply to a private residential parking lot immediately adjacent to the posted premises.
c) Any person violating subsection (a) will be guilty of an infraction.
45.4.9 POSTING OF PREMISES LICENSED FOR THE RETAIL OFF-SALE OF PACKAGED ALCOHOLIC BEVERAGES.
(Added by O-3188; O-3683)
Every person owning or operating a business licensed for the retail off-sale of packaged alcoholic beverages pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code shall post and maintain a sign not less than seventeen (17) inches by twenty-two (22) inches in size with lettering not less than one (1) inch in height visible to the patrons of such business, the adjacent parking lot, and to persons on the public sidewalk setting forth the prohibitions contained in Section 45.4.8 of this Article.
ARTICLE 5 - EXHIBITIONS, CONTESTS, AMUSEMENT AND GAMBLING DEVICES Amended Ord. 3924
(Added by O-828)
45.5.1 CONTESTS, EXHIBITIONS, ETC.; BULLFIGHTING, ETC. PROHIBITED.
No person shall promote, advertise, stage, hold, manage, conduct or carry on any bullfight contest or exhibition or any fight game contest or exhibition of similar nature held for amusement or gain.
45.5.2 CONTESTS, EXHIBITIONS, RODEOS, ETC. EXEMPT.
Nothing in Sections 45.5.1. and 45.5.2. shall be construed to prohibit rodeos and similar exhibitions.
45.5.3 CONTESTS, EXHIBITIONS; PROHIBITIONS UNDER STATE LAW.
The two (2) preceding Sections do not prohibit any act prohibited by Section 597(b) or subsection thereof of the State Penal Code or prohibit any other act prohibited by the laws and the Constitution of the State of California.
45.5.4 GAMBLING DEVICES.
(Added by O-540; Amended by O-1530; O-1551; O-2412)
a) Nuisance Declared. Any machine, contrivance, appliance, device, game ticket, chance, share, interest instrument or article operated, used, kept, possessed, placed or maintained in violation of the provisions of Section 330(a) or 319 to 326 of the Penal Code or paragraph (b) of this Section are hereby declared to be a nuisance.
b) Possession, etc. Unlawful. It shall be unlawful for any person to keep, maintain, possess or have under his control, in any place of business or in any other place of public resort either as owner, lessee, agent, employee, mortgagee or otherwise any game or accouterments for the operation of a card club or card school for the operation of panguingue or other game involving chance, any table game or device commonly known as a pin game, pin ball game, marble game, one shot marble game, horse race machine, the operation, use or play of which is controlled by placing therein any coin, plate, disc, plug key or other device, or by the payment of any fee, except such pin ball, and other amusement machines or devices, as are predominantly games of skill, regardless of whether such machines or devices afford the opportunity of additional chances or free plays or not. Coin-operated machines commonly known as juke boxes and coin-operated vending machines, as the same are commonly known and designated, are also hereby excepted from the provisions of this Section.
c) Abatement of Nuisance. Any article declared by this Section to be a nuisance, as a result of the operation, use, keeping, possessing, placing or maintaining of which any person has been convicted of or has pleaded guilty to any violation of any law of this State or of any ordinance of the City, shall be destroyed by the Chief of Police after such plea, or after judgment of conviction becomes final. The contents of such machine shall be destroyed, or, if money, shall be deposited in the general fund of the City.
If any article subject to destruction as herein provided is in the custody of the Court, the Chief of Police shall cause to be made an application to the judge of the Court for an order releasing such article to him for the purpose of complying with this Section.
45.5.5 POOLROOMS AND BILLIARD HALLS.
(Added by O-40; Amended by O-44; O-136; O-197; O-350; O-927; O-945; O-1409; O-1547)
It shall be unlawful for any person to conduct or keep open for business any poolroom or billiard hall, whether operated alone or in conjunction with any other business, between the hours of 2:00 A.M. and 6:00 A.M.
45.5.6 PERMITTING MINORS TO PLAY IN POOLROOMS OR BILLIARD HALLS.
(Added by O-40; Amended by O-44; O-136; O-197; O-350; O-927; O-1519)
a) Unlawful to Admit Persons Under Sixteen Years of Age Unless Accompanied by Parent. No owner, manager, proprietor, or other person in charge of any public billiard room shall permit any person below the age of sixteen (16) years of age to be in, remain in, enter or visit such place whether with or without parental consent, unless said minor is accompanied by one of his parents, or by his guardian.
b) Unlawful to Admit Person Under Eighteen Years of Age Without Written Consent. No owner shall allow a person below the age of eighteen (18) years of age to be in, remain, enter or visit such a place unless said person’s parent or guardian personally presents written consent to the owner, manager, proprietor or other person in charge of said room.
c) Unlawful for Minors to Enter. No person under the age of eighteen (18) shall be in, remain in, enter, or visit any public billiard parlor if the owner of said parlor is prohibited by any law from admitting said person.
45.5.7 PUNCHBOARDS.
(Added by O-519)
It shall be unlawful for any person to have in his possession or under his control in any business establishment in the City or in any other public place in the City, an object which is commonly known and designated as a punchboard or any other device or board where holes are made in such board and numbers or names or other data are written or printed on pieces of paper which are concealed in such holes by covering material, and are drawn by punching through such covering, and the person punching is paid the designated amount or merchandise, if any, indicated on such pieces of paper so punched from the board.
45.5.8 GAMBLING.
(Added by O-2034)
It shall be unlawful for any person to play or bet at or against any game not mentioned in Section 330 or 330(a) of the Penal Code of the State of California, which is played, conducted, dealt or carried on with cards, dice, billiard balls, pool balls, cues or other device for money, checks, chips, credit or any other representative of value or for any merchandise or any other thing of value.
45.5.9 PERMITTING GAMBLING.
(Added by O-2034)
Every person who knowingly permits any of the games prohibited by Municipal Code Section 45.5.8. to be played in any house or room or business establishment owned, rented or operated by such person, in whole or in part, is guilty of a misdemeanor.
45.6.1 Repealed by O-3087.
45.6.3 MUSIC IN PUBLIC PLACES FROM 2:00 A.M. AND 6:00 A.M.
(Added by O-1001)
a) It shall be unlawful for any person to play or cause to be played any music in any hotel, restaurant, bar, club or any public place or place of private assembly, other than a private home, between the hours of 2:00 A.M. and 6:00 A.M.
b) It shall be unlawful for any owner, tenant, operator or other person having the possession or control of any hotel, restaurant, bar, club or any public place or place of private assembly, other than a private home, to permit to be played therein any music between the hours of 2:00 A.M. and 6:00 A.M.
45.6.4 SPEECHES, LECTURES, ETC. IN STREETS, PARKS, ETC. PERMIT REQUIRED.
(Added by O-227)
It shall be unlawful for any person to hold, conduct or address any assemblage, meeting or gathering of persons, or to make or deliver any public speech, lecture or discourse or to take part in any public debate or discussion in or upon any public park, public street or alley in the City without a permit first granted by the City Council.
Any permit granted pursuant to the provisions of this Section shall specify the time when and the place where such assemblage, meeting or gathering of persons shall be held or conducted and such speech, lecture or discourse shall be made or delivered and shall designate the name of the person, society, association or organization to whom such permit is granted.
45.6.5 PLACING ADVERTISING, ETC. MATERIAL ON CITY-OWNED PROPERTY.
(Added by O-835)
It shall be unlawful for any person to place on any property owned or leased by or dedicated to the City, any material advertising or promoting any person, event or thing without having received prior thereto the written consent of the City Manager or the City Council.
45.6.6 CAMPING IN PUBLIC PLACES.
(Added by O-737; amended by O-3892; O-3899)
a) It shall be unlawful for any person to use any of the streets, highways, sidewalks, parks or public places, including, but not limited to, parkways, beaches, bus stop sites, the transit center, the civic center, and the Madrona Marsh Preserve and Nature Center as a camping place at any time; provided, that this Section shall not prohibit sidewalk vending operations pursuant to a permit issued by the Finance Director under Chapter 14, Sidewalk Vendors, of Division 4, Public Health and Welfare.
1) The term "camp" or "camping" shall mean the use of public property as a temporary or permanent place of dwelling, lodging or residence, or as a living accommodation at any time;
2) Indicia of camping may include, but are not limited to, storage of personal belongings, using tents or other temporary structures for sleeping or storage of personal belongings, carrying on cooking activities or making any fire in an unauthorized area, or any of these activities in combination with one another or in combination with either sleeping or making preparations to sleep (including the laying down of bedding for the purpose of sleeping).
b) Police officers shall not enforce this camping Section when the individual is on public property and there is no available temporary shelter.
1) The term "available temporary shelter" is a public or private shelter, with an available temporary space, for an individual experiencing homelessness, at no charge, as defined in subsection (b)(2) of this Section.
2) The term "available temporary shelter" shall not include the following:
A) Shelter space where an individual cannot stay because the individual has exceeded a shelter’s maximum stay rule or because shelter is unavailable due to the individual’s sex or sexual orientation.
B) Shelter space that cannot reasonably accommodate the individual’s mental or physical needs or disabilities.
C) Shelter space that does not permit a minor child to be housed in the same facility with at least one (1) parent or legal guardian.
D) Shelter space for which an individual is required to attend or participate in religious activities or programs as a condition of utilizing the shelter space.
3) Prior to enforcing the provisions of this Section, a police officer or enforcement personnel shall confirm that a shelter has available space that can be utilized by that particular individual. No police officer or enforcement personnel shall take enforcement action pursuant to this Section against a homeless person sleeping, lying, sitting, or camping in a public place unless the officer first confirms the shelter has available space that can be utilized by the individual.
A) The term "enforcement personnel" includes those classifications of officers and employees of the City of Torrance designated in Section 11.2.5 with the duty to enforce the provisions of this Section.
c) Any person violating the provisions of this Section shall be guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed One Thousand Dollars ($1,000.00) or imprisoned for a period not to exceed six (6) months, or both.
45.6.7 GAS, TURNING ON OR RECONNECTING SERVICE.
(Added by O-341)
It shall be unlawful for any person, except an authorized agent or employee of a person engaged in the business of furnishing or supplying gas and whose service pipes supply or connect with the particular premises, to turn on or reconnect gas service in or on any premises where and when gas service is not at the time being rendered.
45.6.8 REFRIGERATORS, ICEBOXES, TRUNKS, ETC., ABANDONING ETC.
(Added by O-765)
It shall be unlawful for any person to, at any time, or for any length of time, leave or permit to be left or to be placed or permit to be placed or to remain or permit to remain at or in any place or location within the City any icebox, refrigerator, deep freeze, luggage trunk, chest, storage box or similar type container having an interior capacity of one and one-half (1-1/2) cubic feet or more, which has a door, lid, gate, cover or closing apparatus or device which when closed may not be opened easily and effectively from the inside thereof and to the interior of which, when closed, the outer air does not have full and free access, unless:
a) The same at such time is within a then occupied dwelling, building or structure;
b) Every latch, lock or other locking or securing device on, in or pertaining to the same has been completely removed;
c) The same is in a warehouse, building or structure, all entrances to which at the time are locked, barred or secured in such manner as to effectively prevent children from entering or having access to the interior of such warehouse, building or structure;
d) There is then and there and at all times immediately present, a person having the ability and initiative to effectively prevent any child from entering the same;
e) The same is effectively locked, shut or secured by a metal band or chain or other effective securing device in such manner that same may not be entered by any child or be opened by any unauthorized person; or
f) The door or other closing member or feature of the same is completely removed.
45.6.9 STEAM AND INTERNAL ENGINES; PERMIT REQUIRED TO OPERATE WITHOUT MUFFLER; MUFFLER.
(Added by O-132)
It shall be unlawful for any person to operate any steam or internal combustion engine of more than four and one-half (4-1/2) inches internal diameter within the City, unless the exhaust from such engine shall be muffled by a muffler constructed in accordance with such specification as may be adopted by resolution of the City Council, unless a written permit shall first be obtained from the Superintendent of Buildings of the City allowing such person to use a muffler which shall appear to the Superintendent of Buildings to be of equal efficiency with that described in such specifications.
45.6.11 WELLS, CISTERNS, EXCAVATIONS IN GROUND, ETC.; UNCAPPED OR UNCOVERED GENERALLY.
(Added by O-466; Amended by O-593)
The City Council hereby declares that uncapped or unguarded wells, cisterns, holes in the ground which are likely to produce bodily injury as a result of a fall therein, oil sumps and other earthen sumps or excavations to be of a dangerous nature and a public nuisance.
It is hereby declared to be unlawful for any person to own, occupy or possess any parcel of real property within the corporate limits of the City upon or in which there is allowed to exist any well, cistern, pipe or hole in the ground in an uncapped or uncovered condition where a fall by any person into such a well, cistern, pipe or other hole in the ground would be likely to result in personal injury.
45.6.12 SAME: FENCES OR BARRICADES TO BE PROVIDED.
(Added by O-593)
It shall be unlawful for any person to allow or permit the existence of any excavation or oil sump upon any parcel of real property within the City without constructing, erecting and maintaining around and about such excavation or oil sump a fence or barricade at least six and one-half (6-1/2) feet high, so constructed as to prevent any person other than those legally authorized to enter, from having free access thereto where such access might result in personal injury from slipping, falling or climbing into such excavation or sump.
45.6.13 SAME; GATES, ETC. IN ENCLOSING FENCE TO BE SECURED.
(Added by O-849)
It shall be unlawful for any person who enters or leaves any excavation, sump or property containing any excavation or sump, which is enclosed by a fence, bars or otherwise, to fail or neglect to leave securely closed, the gates or other passway through which he entered or left the same.
45.6.14 FENCING OF SWIMMING POOLS.
(Added by O-1012)
a) It shall be unlawful for any person having the ownership, possession or control of land to maintain or have on said land on or after January 1, 1959, or hereafter to construct, erect or locate on said land, any swimming pool or any body of water, a part of which is more than eighteen (18) inches deep, without constructing, erecting and maintaining about said swimming pool or body of water, a solid or chain link fence or a wall at least five (5) feet high above adjacent grade.
b) Such fence or wall shall have no openings exceeding two (2) inches in any direction and shall be constructed to prevent any access thereto except by opening a self-closing and self-latching gate on which the latch is located at least four (4) feet six (6) inches above the bottom of the fence; provided, however, that the wall of a building may constitute a part of such wall.
45.6.15 ELECTRIC OR BARBED WIRE FENCES.
(Added by O-1011; Amended by O-3708)
a) It shall be unlawful for any person to construct, erect or locate in the City or have on his premises, a fence which is charged or chargeable with electricity, unless permitted by the Community Development Director, as provided for in Section 92.13.2(c).
b) It shall be unlawful for any person to construct, erect or locate in the City or have on his premises a barbed wire fence; provided, however, that barbed wire may be placed on top of a fence, other than on a lot used for residential purposes, which is at least sixty inches high.
45.6.16 CONSUMPTION OF ORGANIC SOLVENTS PROHIBITED.
(Added by O-1340)
It shall be unlawful for any person to inhale, breathe, ingest, drink or in any manner use any product or substance or combination thereof containing organic solvents, which include amyl acetate, trichlor ethylene, acetone or other closely related or similar compounds used as solvents for products referred to as glue, adhesive cement, mucilage or dope, with the intent of becoming intoxicated, elated, dazed, paralyzed, irrational or in any manner changing, distorting, disturbing the eyesight, thinking process, balance or coordination or affecting the central nervous system of such person.
45.6.17 SAME; EXCEPTION.
(Added by O-1340)
The provisions of Sec. 45.6.16. shall not pertain to any person who inhales, breathes or drinks or uses such product or substance pursuant to the direction or prescription of any doctor, physician, surgeon, dentist or pediatrist authorized to so direct or prescribe.
45.6.18 OPERATING MOTOR VEHICLE ON VACANT PROPERTY AND PARKING LOTS.
(Added by O-1681; O-1682; Amended by O-1950)
Any person who operates a motorcycle, trail bike, minibike, dune buggy, motor scooter, jeep or other motor driven vehicle on any vacant lot, parking lot, vacant property or acreage within the City and disturbs the peace or quiet of any neighborhood or person by noise, dust, smoke or fumes caused by such vehicle shall be guilty of a misdemeanor.
45.6.19 BLOCKING OF CROSSING BY TRAINS.
(Added by O-1695)
It shall be unlawful for any person to cause or permit any railway train or railway cars or similar vehicle on rails to operate or to be operated in such a manner as to prevent the use of any street for the purpose of travel for a period of time longer than five (5) minutes, except that this provision shall not apply to railway trains, cars or similar vehicles on rails while blocking or obstructing a crossing because of an accident which requires the operator of the train, car or similar vehicle on rails to stop at or near the scene of the accident.
45.6.20 DEVICE TO AUTOMATICALLY DELIVER A RECORDED MESSAGE TO A TELEPHONE SUBSCRIBER WITHOUT HIS CONSENT PROHIBITED.
(Added by O-2153)
a) No person or corporation except a public utility doing business in this State under the authority of the Public Utilities Commission shall use or operate, attempt to use or operate, or cause to be used or operated, or arrange, adjust, program or install any device or combination of devices that will upon activation, either mechanically, electronically, or by other automatic means, initiate an intra-state telephone call and deliver a recorded message to any telephone number assigned to any subscriber by a public utility telephone company, without the prior written consent of such subscriber.
b) The term telephone number includes any additional numbers assigned by a public utility telephone company to be used by means of a rotary or other system to connect with the subscriber to such primary number when the primary number is in use.
45.6.21 OPERATING VEHICLES ON PRIVATE OR PUBLIC PROPERTY.
(Added by O-2138)
Upon the private property of another or upon any public property which is not held open to the public for any vehicular use and which is not subject to the provisions of the Vehicle Code:
a) No person shall operate or drive a motor vehicle, motorcycle, mini-bike, trail bike, dune buggy, motor scooter, jeep or other form of motorized transportation.
b) The provisions of this Section shall not apply to emergency vehicles, governmental agencies or to persons driving upon such property with the written consent of the owner or person in lawful possession of such property, or to the owner himself, his family, employees, agents or lessees.
45.6.22 RESPONSIBILITY OF OWNERS IN RENTING TO MINOR.
(Added by O-2238)
a) It shall be unlawful for any owner, manager, operator or employee to lease, rent or let any apartment, house, room or rooms to any person or persons under the age of eighteen (18) years without having a responsible adult over twenty-one (21) years of age as co-tenant.
b) It shall be the duty and requirement of such owner, manager, operator or employee to file with the Chief of Police of the City of Torrance, the following information:
1) Name, age, business or occupation and address of business or occupation of all persons, including the responsible adult to whom he leases, rents or lets such premises.
2) Names and addresses of parents, guardians, of all persons under the age of eighteen (18) years.
45.6.23 TRASH BINS.
(Added by O-2470)
a) It shall be unlawful to cause or permit any trash bin to be or remain outside of the trash enclosure where such enclosure is required by this Code, except during trash pickup operations.
b) The terms of this Section shall apply equally to owners, operators and lessees of the property at which the offense occurs, and to persons engaged in the collection of trash from said premises.
45.6.24 OPERATION OF HANG GLIDERS.
(Added by O-2558; O-2559)
a) It shall be unlawful for any person to take-off or land any hang glider in the City of Torrance.
b) For the purpose of this Section, the term hang glider shall mean and include any hang glider, glider kite, kite, or other motorless vehicle, device, or contrivance which enables a person to fly, glide, soar or otherwise be propelled through or sustained in the air by human power or air currents; provided, however, that the term hang glider shall not include any aircraft regulated or required to be registered by the Federal Aviation Administration of the United States or the aeronautics authorities of the State of California.
45.6.25 HYPNOTISM, PRACTICE AND TEACHING.
(Added by O-2894)
The art or practice of hypnosis may be carried on, and self-hypnosis may be taught to any person undergoing a course of treatment or program of self-improvement if the hypnosis or teaching of self-hypnosis is done pursuant to the provisions of and for the purposes in Section 2908 of the Business and Professions Code of the State of California, and if performed by a person licensed to practice medicine or psychology in the State of California, or by a person licensed pursuant to the provisions of Division 3 of the Torrance Municipal Code, or if performed by a qualified person to aid police agencies in the investigation of crimes.
45.6.26 Repealed by O-3252.
45.6.27 FIREWORKS PROHIBITED.
(Added by O-3039; O-3109)
Except as provided in Chapter 5 of Division 8 of the Torrance Municipal Code (Uniform Fire Code), it shall be unlawful for any person to possess, store, offer for sale, expose for sale, sell at retail, give, furnish, use, or explode any fireworks, including those fireworks defined in the California Health and Safety Code as safe and sane fireworks, within the City of Torrance.
45.6.28 SAIL-POWERED CONVEYANCE.
(Added by O-3152)
No one shall ride upon, or aid or assist anyone in riding upon, a skateboard, surfboard with wheels or other wheeled conveyance which is equipped with a sail and which is propelled by means of the wind, in or on any street, alley, sidewalk, park, public parking lot or other public property, except in those places and at those times when such public property might be made available for such purposes by proper authority.
45.6.29 REMOVAL OF GRAFFITI.
(Added by O-3239)
a) It is unlawful for any person to permit or suffer any obnoxious graffiti or other inscribed material or defacement by paint, other liquids or other means of inscription to remain on any permanent building or structure upon any lot or parcel of land under their ownership, custody or control. "Obnoxious graffiti or other inscribed material or defacement" means any writing, painting or inscription which would be punishable as vandalism pursuant to Section 594 of the Penal Code of the State of California if maliciously placed or applied by any person to such permanent building or structure, other than the owner of the said building or structure, but its continued display is declared to be unlawful whether having been so placed with or without malice and whether placed with or without the owner’s consent.
b) Upon a finding by the City Manager that any graffiti or other inscribed material or defacement is obnoxious, the City Manager may remove or cause to be removed such obnoxious graffiti or other inscribed material or defacement from any publicly owned permanent building or structure after securing the consent of the public entity having jurisdiction over such building or structure, and may remove any such graffiti or other inscribed material or defacement from any permanent building or structure on private property after securing the written consent of the owner or other person authorized by the owner to give consent.
c) This Section shall not constitute authority to perform any painting or repair of the buildings or structure except as may be required to remove the obnoxious graffiti or other inscribed material or defacement.
45.6.30 SPRAY PAINT CONTAINER.
(Added by O-3375)
a) No person, firm or corporation selling, or offering for sale, aerosol spray cans of paint or dye shall keep, store or maintain such aerosol cans in a place which is accessible to the public without the assistance of a sales person or employee of the seller, pending legal sale or disposition of such paint or dye containers.
b) This Section shall not apply to the keeping, storage or maintenance of aerosol spray containers of clear or transparent lacquer, varnish or synthetic finish.
45.6.31 POSSESSION OF GRAFFITI IMPLEMENTS.
(Added by O-3727)
(a) It is unlawful for any person to possess on his or her person or in plain view to the public, an aerosol paint container, or a container which contains paint or dye, or any writing instrument having a porous point, tip, or nib in excess of one-eighth of one inch in width at its widest point, or gum label, paint stick, adhesive label, or glass etching tool or solution capable of scarring glass, or a glass cutter, drill bit, or any device or marking substance capable of being used to leave a visible mark upon any surface of any material in a public facility with the intent to commit vandalism or graffiti.
(b) "Public Facility" means a City park, playground, swimming pool, building, reservoir, parking structure, airport, tennis facility, golf course, beach, school, City Yard, well, or pump station.
45.6.32 UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER. Revised 8/23
(Added by O-3917)
a) It shall be unlawful to possess any catalytic converter that is not attached to a vehicle unless the possessor has valid documentation or other proof to verify they are in lawful possession of the catalytic converter.
b) For purposes of this section, “lawful possession” includes being the lawful owner of the catalytic converter or in possession of the catalytic converter with the lawful owner’s written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a “lawful possession.”
c) For the purposes of this section, “documentation or other proof” means written documentation that clearly identify the vehicle from which the catalytic converter originated based on the totality of the circumstances and includes, but is not limited to, the following document types:
1) Bill of sale from the original owner with photographs
2) Documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto-body shop
3) Verifiable electronic communications from the previous owner to the possessor relinquishing ownership of the catalytic converter
4) Photographs of the vehicle from which the catalytic converter originated
5) Vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number
d) Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Torrance Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section.
e) Each and every violation of this section may be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $1000 or imprisonment in the county jail for a period of not more than 12 months, or by both such fine and imprisonment.
f) The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.
45.7.1 DEFINITIONS.
For the purpose of this Article, the following words shall have the meanings respectively ascribed to them:
a) Minor means any person under the age of eighteen (18) years.
b) Material means any book, magazine, newspaper or other printed or written material, or any picture, drawing, photograph, moving picture or other pictorial representation, or any statue or other figure, or any recording, transcription, or mechanical, chemical or electrical reproduction.
c) Distribute means to transfer possession of, whether with or without consideration.
d) Knowingly means having knowledge of the character and content of the subject matter, or failing to exercise reasonable inspection which would disclose the content and character thereof.
e) Harmful material means that type or quality of material which, taken as a whole, is patently offensive to the prevailing community standard with respect to what is suitable material for minors in that the predominant appeal of the material is to the lascivious interest of minors, i.e., tending to excite lustful thoughts and desires by its description, account or display of nudity, sex or sexual behavior.
45.7.2 OBSCENE LITERATURE PROHIBITED.
No person shall write, compose, stereotype, print, publish, exhibit, sell, keep for sale, distribute, make or have in his possession or under his control any lewd, indecent, or obscene bill, poster, magazine, writing, book, pamphlet, engraving, drawing, photograph, motion picture film, cast, statue or image, phonograph record, electrical transcription, wire recording or other device for the recording of sight or sound.
45.7.3 PRESENCE AT OBSCENE DISPLAY PROHIBITED.
No person shall wilfully be or remain present at any place where any lewd, indecent, or obscene motion picture film, phonograph record, electrical transcription, wire recording or other device for the recording of sight or sound is being played or can be heard.
45.7.4 DISTRIBUTION OF HARMFUL MATERIAL TO MINORS PROHIBITED.
It shall be unlawful for any person, who, with knowledge that a person is a minor, fails to exercise reasonable care in ascertaining the true age of a minor, knowingly distributes to, or exhibits to or offers to distribute or exhibit to such minor any harmful material.
45.7.5 PROOF OF AGE.
Proof that the defendant or his employee or agent demanded and was shown and acted in reliance upon any of the following documents as proof of the age of a minor shall be a defense to any criminal prosecution under this Section. A document issued by the Federal government or any state, county, or municipal government or subdivision or agency thereof, including but not limited to a driver’s license, a registration certificate issued under the Selective Service Act, or an identification card issued to a member of the armed forces identifying the holder and showing that the holder is eighteen (18) years of age or over.
45.7.6 SEIZURE BY LAW ENFORCEMENT OFFICER.
Every policeman or other law enforcement officer who is authorized to arrest any person for violation of this Article is equally authorized and enjoined to seize any lewd, indecent, or obscene picture, print, writing, paper, book, bill, poster, engraving, photograph, drawing, cast, image, figure, phonograph record, electrical transcription, wire recording, or other device for the recording of sight or sound, or any harmful material, found in the possession or under the control of the person so arrested and to deliver the same to the magistrate before whom the person so arrested is required to be taken.
45.8.1 DEFINITIONS.
For the purpose of this Article, the following words shall have the meanings respectively ascribed to them:
a) Nudity. Nudity means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast below the top of the nipple, with less than a fully opaque covering.
b) Sexual Conduct. Sexual conduct means any physical contact with the human male or female genitals, pubic area, buttocks, clothed or unclothed, or with the female breast, clothed or unclothed.
c) Sexual Excitement. Sexual excitement means the condition of covered human male genitals in a discernibly turgid state.
d) Sado-masochistic Abuse. Sado-masochistic abuse means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
e) Sexually-Oriented Matter. Sexually-oriented matter means any picture, drawing, photograph, or other pictorial representation of nudity, sexual conduct, sexual excitement or sado-machochistic abuse.
f) Person. Person means any individual, partnership, firm, association, corporation or other legal entity.
45.8.2 SEXUALLY-ORIENTED MATTER A PUBLIC NUISANCE.
The display, exhibition or showing of any sexually-oriented matter in advertisements, posters, publications, announcements, or any other display visible from public streets or from adjacent buildings or premises, as an offer for sale or for the purpose of attracting, luring or enticing patrons or purchasers, is declared a public nuisance and is prohibited.
45.8.3 HEARING FOR SEXUALLY-ORIENTED MATTER.
Any person who maintains, permits, or allows a public display of sexually-oriented matter to exist upon public or private property within this City shall be sent by certified mail, return receipt requested, a copy of this Article and a notice of the time and place of a hearing to be held by the Administrative Hearing Board for the purpose of determining whether the display constitutes a public nuisance, as defined in Section 45.8.2. of this Article. Said hearing shall be held by the Administrative Hearing Board within five (5) working days after the mailing date of said notice. If the Administrative Hearing Board determines that the display constitutes a public nuisance as set forth in Section 45.8.2. said nuisance must be removed or abated within twenty-four (24) hours after the Board has announced its decision at the conclusion of the hearing.
45.8.4 FAILURE TO ABATE.
If any public display determined to be a public nuisance by the Administrative Hearing Board continues to exist after twenty-four (24) hours following the announcement of the Board’s decision, the City Manager may take reasonable steps to remove or abate said nuisance.
45.8.5 APPEALS.
a) Any person aggrieved by the action of the Administrative Hearing Board shall have a right of appeal as provided by Division 1, Chapter 1, Article 5 of the Municipal Code.
b) Notwithstanding that such an appeal is filed, the sexually-oriented matter which is the subject to the appeal must be removed or abated within twenty-four (24) hours after the Board has announced its decision. Said display may not be re-exhibited during the interim between its removal and the commencement of the hearing before the City Council.
c) No display which has been removed pursuant to the provisions of this Article may be re-exhibited after an appeal has been heard by the City Council unless the Council determines that the display does not constitute a public nuisance as defined in Section 45.8.2. of this Article.
45.8.6 DEFINITIONS.
(Added by O-2977; O-2978)
As used in Section 45.8.7. the following words shall mean:
a) Sexually explicit material means a photograph or pictorial presentation of a person’s genitals or anus or of any act of sexual intercourse, oral copulation, sodomy, masturbation or bestiality whether actual or simulated which when to the average person such photograph or pictorial representation has as its primary purpose, design or effect sexual arousal, gratification or affront.
b) Person means any individual, partnership, firm, association, corporation or other legal entity.
c) Knowingly means being aware of the character of the material either directly, or because of its outward appearance or its reputation.
d) Display for sale means placed within the reach or accessible to persons under the age of 18 years and does not include the shelving or storage of magazines, books or publications reasonably beyond the reach of customers or the public.
45.8.7 DISPLAY OF SEXUALLY EXPLICIT MATERIALS IN BUSINESS PREMISES OPEN TO MINORS.
(Added by O-2977; O-2978)
a) No person shall knowingly display for sale, or knowingly cause or permit to be displayed for sale, in any business open to persons under the age of 18 years not accompanied by a parent or guardian, any magazine, book or other publication containing illustrations of sexually explicit material unless such magazine, book or other publication is stapled closed, sealed in a wrapper, or is by any other means sealed in such a manner as to prevent its being opened prior to sale.
b) No person shall knowingly display the cover of a book, magazine or other publication which cover illustrates sexually explicit material in a place where such cover may be readily viewed by persons under the age of eighteen (18) years. Such cover shall be covered from view when displayed in such locations.
c) It is unlawful for any person to permit, direct or cause any other person to do any of the acts prohibited by this Section.
d) The provisions of the preceding paragraphs shall not apply to any business which is not open to persons under the age of eighteen (18) years and which shall read, Notice, this business displays sexually explicit materials. Admission of persons under eighteen (18) years of age unless accompanied by a parent or guardian is prohibited. The letters composing such sign shall each be a minimum of three inches high.
45.8.8 GROUNDS FOR REVOCATION OF BUSINESS LICENSE.
(Added by O-2977; O-2978)
A violation of Section 45.8.7. is sufficient grounds for revocation of the business license of the premises if said violation is committed by the licensee or his employee and is found to be willful.
45.9.1 NUDITY ON PUBLIC PROPERTY PROHIBITED.
a) It shall be unlawful for any person to appear, bathe, sunbathe, walk or be in any public park, playground, beach or the waters adjacent thereto, or on any public street, sidewalk or parkway, or in or upon any place owned or operated by any governmental entity, in such a manner that the genitals, vulva, pubis, pubic symphsis, pubic hair, buttocks, natal cleft, perineum, anus, anal region, or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person, is exposed to public view or is not covered by an opaque covering.
b) This section shall not apply to children under the age of ten (10) years.
c) This section shall not apply to live theatrical performances performed in a theater, concert hall or other similar establishment located on public land.
d) This section shall not apply to any dressing room or indoor shower room operated as an ancillary facility to any park, playground, beach, plunge, swimming pool, athletic field or gymnasium.
45.10.1 PUBLIC NUISANCE.
a) It shall be a public nuisance to use or maintain any property in the City of Torrance in a manner such that dust is blown onto public or private property in amounts which are injurious to the public health, safety or general welfare.
b) It shall be a public nuisance to maintain any property in the City of Torrance in such a manner that mud from such property causes significant damage to adjoining properties.
45.10.2 NOTICE TO APPEAR.
Upon notification of existence of any of the conditions described in Section 45.10.1., the City Manager shall cause a notice to be issued to the owner and the operator of the property complained of requiring that the condition complained of be abated within a specified period or to appear before a hearing officer in the Environmental Division of the Building Department at an administrative hearing, to show cause why the condition should not be abated.
45.10.3 HEARING.
Upon issuance of the notice described in Section 45.10.2., a hearing shall be scheduled before the Environmental Quality Hearing Officer. At such hearing, persons complaining of the condition may be heard to state the problem and the owner and/or operator may be heard to show cause why the condition should not be abated.
45.10.4 ORDER.
a) If upon the evidence presented at the hearing before the Environmental Quality Hearing Officer it is determined that a harmful condition exists which should be abated, the hearing officer shall issue a written order to that effect, stating the nature of the harmful condition, its location, the facts in support of his conclusions, the time within which it must be abated and the means by which it may be abated.
b) Said order shall be served personally or by registered mail on the owner and operator of the offending property within seven (7) days after it is issued.
45.10.5 ENFORCEMENT OF ORDER.
Failure to comply with the order of the Environmental Quality Hearing Officer within the time prescribed shall be a misdemeanor.
45.11.1 DEFINITION.
a) For purposes of this Article, the term narcotics paraphernalia means all equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, testing, analyzing, storing, containing, concealing, injecting, ingesting, inhaling, smoking or otherwise introducing into the human body a controlled substance as defined in the Health and Safety Code of the State of California.
b) For purposes of this Article, the term narcotics paraphernalia includes, but is not limited to:
1) Kits used, intended for use or designated for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
2) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
3) Isomerization devices for use or designed for use in increasing the potency of any species of plant which is a controlled substance;
4) Testing equipment used, intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
5) Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances;
6) Diluents and adulterants, such as quinine, hydrochloride, mannitol and mannite used, intended for such use or designed for use in cutting controlled substances;
7) Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
8) Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances;
9) Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body;
10) Objects intended for use or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
A) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
B) Water pipes;
C) Carburetion tubes and devices;
D) Smoking and carburetion masks;
E) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;
F) Miniature cocaine spoons and cocaine vials;
G) Chamber pipes;
H) Carburetor pipes;
I) Electric pipes;
J) Air-driven pipes;
K) Chillums;
L) Bongs;
M) Ice pipes or chillers.
45.11.2 PERMITTING MINOR IN DISPLAY ROOM PROHIBITED.
The owner, manager, proprietor or other person in charge of a room in any place of business that sells or displays for the purpose of sale, narcotics paraphernalia, shall not allow or permit any person under the age of eighteen (18) to be in, remain in, enter or visit such a room unless such minor person is accompanied by one of his/her parents or by his/her legal guardian.
45.11.3 ENTRY OF MINOR IN DISPLAY ROOM PROHIBITED.
A person under the age of eighteen (18) shall not be in, remain in, enter or visit any room in any place used for the sale or display for sale of narcotics paraphernalia unless such person is accompanied by one of his/her parents or by his/her legal guardian.
45.11.4 SEPARATE POSTED DISPLAY ROOM.
a) No person shall display for sale or offer to sell narcotics paraphernalia in any place of business to which the public is invited, except within a separate room or enclosure to which persons under the age of eighteen (18), not accompanied by his/her parents or his/her legal guardian, are excluded.
b) A sign shall be posted at each entrance to such room, in at least one hundred (100) point bold type words, to the effect that persons under the age of eighteen (18) are excluded unless accompanied by his/her parent or his/her legal guardian.
45.11.5 ARTICLE NOT APPLICABLE TO PRESCRIPTION DRUGS.
The provisions of this Article shall not apply to the lawful dispensing of devices for injecting or otherwise consuming prescription drugs as defined by the Health and Safety Code of the State of California.
45.12.1 FRANCHISE REQUIRED.
No person shall construct, install or maintain within any public street, alley or way in the City, or within any property owned by the City or within any privately owned area in the City which has not yet become a public street but which is designated or delineated as a proposed public street on any tentative subdivision map approved by the Council, any equipment, properties or facilities to be employed or used as part of a cable television system unless a franchise first has been obtained from the City Council and is in full force and effect.
45.12.2 UNAUTHORIZED CONNECTION PROHIBITED.
No person shall make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised cable television system in the City for the purpose of (1) taking or receiving television signals, radio signals, pictures, programs, or sound; (2) enabling himself or others to receive any television signal, radio signal, picture, program or sound, without payment to the Grantee pursuant to the provisions of a franchise; (3) or for any other purpose.
45.12.3 RESELLING SERVICE PROHIBITED.
No person shall resell, without the express written consent of both the Grantee and the City, any cable service, program or signal transmitted by a cable television company operating under a franchise issued by the City.
45.12.4 TAMPERING WITH EQUIPMENT PROHIBITED.
No person shall, without the consent of the owner of a franchised cable television system, willfully tamper with, remove or injure any equipment used for distribution or origination of television signals, radio signals, pictures, programs or sound.
45.12.5 INTERFERENCE WITH CABLE SERVICE PROHIBITED.
Neither the owner of any multiple unit residential dwelling nor his agent or representative shall interfere with the right of any tenant or lawful resident thereof to receive cable television or other cable communication service, cable installation or maintenance from a cable communication company regulated by and lawfully operating under a valid and existing cable television franchise issued by the City.
45.12.6 PAYMENTS TO PERMIT SERVICE PROHIBITED.
Neither the owner of any multiple unit residential dwelling nor his agent or representative shall ask, demand or receive any payment, service or gratuity in any form as a condition for permitting or cooperating with the installation of a cable communications service to the dwelling unit occupied by a tenant or resident requesting service.
45.12.7 CHARGES TO TENANTS FOR SERVICE PROHIBITED.
Neither the owner of any multiple unit residential dwelling nor his agent or representative shall penalize, charge or surcharge a tenant or resident or forfeit or threaten to forfeit any right of such tenant or resident who requests or receives cable communication service from a company operating under a valid and existing cable television franchise issued by the City.
45.12.8 PROTECTION OF PROPERTY PERMITTED.
Nothing in this Article shall prohibit a person from requiring that cable communications system facilities conform to laws and regulations and reasonable conditions necessary to protect safety, functioning, appearance and value of his premises or the convenience and safety of persons or property thereon.
45.12.9 RISKS ASSUMED BY GRANTEE.
Nothing in this Article shall prohibit a person from requiring a cable communication company from agreeing to indemnify the owner, or his agents or representatives for damages caused by the installation, operation, maintenance or removal of cable communications facilities.
45.13.1 WAITERS, WAITRESSES AND ENTERTAINERS.
No person shall, while acting as a waiter, waitress or entertainer in an establishment which serves alcoholic beverages for consumption on the premises of such establishment, expose his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region, nor shall any person expose any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region.
45.13.2 EXPOSURE OF FEMALE BREASTS.
No female person shall, while acting as a waitress or entertainer in an establishment which serves alcoholic beverages for consumption on the premises of such establishment, expose the areola or nipple of either or both breasts or any portion of either or both breasts below the areola thereof, nor shall any such female person employ any device which is intended to simulate such portions of either or both breasts, nor shall any such female person wear any type of clothing so that any such portions of either or both breasts may be observed.
45.13.3 PROCURING PUBLIC EXPOSURE.
No person shall permit, procure, counsel or assist another person to violate Sections 45.13.1. and 45.13.2.
45.13.4 EXCEPTION; THEATRICAL PERFORMANCES.
The provisions of Sections 45.13.1., 45.13.2. and 45.13.3. shall not apply to a theatrical performance in a theater, concert hall or similar establishment which is primarily devoted to theatrical performances.
ARTICLE 15 - REGULATION OF SMOKING IN DESIGNATED ENCLOSED PUBLIC PLACES AND WORKPLACES
(Added by O-3827)
45.15.010 SMOKING REGULATIONS ON CITY PROPERTY.
a) For the purpose of this Section, the following definitions govern:
1) "Smoke or smoking" means inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.
2) "Tobacco product" means any of the following:
A) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco or snuff.
B) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.
C) Any component, part, or accessory of a tobacco product, whether or not sold separately.
3) "Cigar" means the same as defined in California Health and Safety Code Section 104550.
4) "Cigarette" means the same as defined in California Health and Safety Code Section 104556.
b) Smoking a pipe, cigar, cigarette, or any other tobacco product in any of the following areas, or using or consuming any tobacco-related product, is prohibited and is unlawful, unless it is done by an actor for filming purposes, pursuant to a permit issued by the City of Torrance:
1) Madrona Marsh Preserve.
2) Victor E. Benstead Plunge.
3) Charles "Chuck" Lobb Viewing Deck – General Aviation Center.
4) Torrance Transit Center.
45.16.1 CONSUMING ALCOHOLIC BEVERAGES DURING PREGNANCY.
a) Duty to Post. Any person or entity who owns, operates, manages, leases or rents a premises offering for sale or dispensing for consideration to the public, alcoholic beverages including beer and wine shall cause a sign or notice to be posted or displayed on the premises as provided in this Section. The sign or notice shall comply with the readability requirements specified in this Article and shall read substantially as follows: WARNING. DRINKING WINE, BEER AND OTHER ALCOHOLIC BEVERAGES DURING PREGNANCY CAN CAUSE BIRTH DEFECTS. In no event shall a sign as required in this Article be smaller than ten (10) inches wide and ten (10) inches long, nor shall any lettering thereon be less than one (1) inch in height.
b) Placement. A sign or notice required by subsection (a) of this Section shall be placed as follows:
1) Where the sale or dispensing of alcoholic beverages, including beer and wine, to the public is primarily intended for consumption off the premises, at least one sign shall be so placed as to assure that it is readable from all locations at which such sales or dispensing occurs.
2) Where the sale or dispensing of alcoholic beverages, including beer and wine, to the public is originally provided through over-the-counter service, at least one (1) sign shall be placed to assure that it is readable from all counter locations available to the public.
3) Where the sale or dispensing of alcoholic beverages, including beer and wine, to the public is primarily provided for consumption on the premises by the public at tables served by food or beverage service persons, at least one (1) sign shall be placed to assure it is readable by the public entering the premises; provided, however, that notices may be placed or displayed at each of the tables in a manner which will assure that the notices are as readily visible and readable as materials provided to the public which list food and beverage prices.
c) Language. In the event a substantial number of the public patronizing a premises offering for sale or dispensing for consideration, alcoholic beverages, including beer and wine, uses a language other than English as a primary language, any sign or notice required by subsection (a) of this Section shall be worded in both English and the primary language or languages involved.
45.17.1 DEFINITIONS.
a) "Illegal motor vehicle speed contest" or "illegal exhibition of speed" means any speed contest or exhibition of speed referred to in California Vehicle Code sections 23109(a) and 23109(c).
b) "Preparations" for the illegal motor vehicle speed contest or exhibition of speed include, but are not limited to, situations in which: (1) a group of motor vehicles or individuals has arrived at a location for the purpose of participating in or being spectators at the event; (2) a group of individuals has Lined one or both sides of a public street or highway for the purpose of participating in or being a spectator at the event; (3) a group of individuals has gathered on private property open to the general public without the consent of the owner, operator, or agent thereof for the purpose of participating in or being a spectator at the event; (4) one or more individuals has impeded the free public use of a public street or highway by actions, words, or physical barriers for the purpose of conducting the event; (5) two or more vehicles have lined up with motors running for an illegal motor vehicle speed contest or exhibition of speed; (6) one or more drivers is revving his engine or spinning his tires in preparation for the event; or (7) an individual is stationed at or near one or more motor vehicles serving as a race starter.
c) "Spectator" means any individual who is present at an illegal motor vehicle speed contest or exhibition of speed, or at a location where preparations are being made for such activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. Spectator includes any individual at the location of the event without regard to whether the individual arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by some other means.
45.17.2 SPECTATOR AT ILLEGAL SPEED CONTEST OR EXHIBITIONS OF SPEED - VIOLATION.
a) Any individual who is knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, at an illegal motor vehicle speed contest or exhibition of speed is guilty of a misdemeanor subject to a maximum of six (6) months in jail and a fine of One Thousand Dollars ($1,000.00).
b) Any individual who is knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner operator, or agent thereof, where preparations are being made for an illegal motor vehicle speed contest or exhibition of speed is guilty of a misdemeanor subject to a maximum of six (6) months in jail and a fine of One Thousand Dollars ($1,000.00).
c) An individual is present at the illegal motor vehicle speed contest or exhibition of speed if that individual is within two hundred (200) feet of the location of the event or within two hundred (200) feet of the location where preparations are being made for the event.
d) Exemption. Nothing in this Section prohibits law enforcement officers or their agents from being spectators at illegal motor vehicle speed contests or exhibitions of speed in the course of their official duties.